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Questions Answered by Shane T. Johnson
1 Answer | Asked in Real Estate Law for North Carolina on
Q: My mother remarried about 10 years ago and my step father had no children who does property goto?
Shane T. Johnson
Shane T. Johnson
answered on Jan 29, 2025

If she has no will, when she dies $120K will to to him plus 1/3 of the remainder. The other remainder to her children. If she has a will, then it will be followed, but a spouse cannot be disinherited under NC law unless a Spousal Waiver has been entered into. In that case, the spousal right depends... View More

1 Answer | Asked in Business Formation and Business Law for North Carolina on
Q: How to change ownership of a s-corp?

I want to turn my s-corp into a woman owned company by bringing in my wife as the 51% share holder. This is in order to win contracts that are only open to minority and women owned companies.

Shane T. Johnson
Shane T. Johnson
answered on Dec 3, 2024

It depends on a number of issues. First, what type of entity is your company? Is it an LLC or Corporation? Either can elect to be an S-Corp as this is simply an election on how to be taxed by the IRS.

Either way, it would be wise to add your wife as an owner by creating a set of company...
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1 Answer | Asked in Real Estate Law for North Carolina on
Q: Legal ramifications of purchasing a house that has an unpermitted addition.

I am looking to make an offer on a house in Alamance County, NC. The house has a sizable addition that is only half built. That is, the addition still needs all the finishing work completed, i.e., insulation, drywall, flooring, trim, painting, and HVAC including duct work.

I am... View More

Shane T. Johnson
Shane T. Johnson
answered on Nov 26, 2024

1. You would become liable for any resulting injuries or harm due to the code violations, and the work done without a permit. Further, you may be subject to inspection and requirement to correct by the governing bodies.

2. It may be difficult to sell the house. Your liabilities may extend...
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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Am I entitled to any assets or does it go to her heirs?

My father died without a will and his wife(StepMom) passed 3 years later. The Deed states that it was Joint Tenancy with Rights of Survivorship.

Shane T. Johnson
Shane T. Johnson
answered on Nov 18, 2024

When property is purchased by a married couple in NC, it is assumed they own it as Tenants by the Entirety. Based on your representations, it would appear that when your father died, the property would pass to his surviving wife. When she died, it would go to her heirs, and you would not inherit.

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1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for North Carolina on
Q: Can I a file General POA with the healthcare provision or must I file two POA's?

I want to just file one POA that covers everything including Healthcare decisions

Shane T. Johnson
Shane T. Johnson
answered on Oct 15, 2024

Most people have two Powers of Attorney documents produced, a Health Care POA and a Financial POA. This is because they are very distinct roles, one is for health care and the other is for financial. A Financial POA can be filed at the County Register of Deeds Office. The Health Care POA can be... View More

1 Answer | Asked in Estate Planning for North Carolina on
Q: What form do I need in order to do a Quitclaim deed to transfer my house into my Trust, for which I am the trustee?
Shane T. Johnson
Shane T. Johnson
answered on Sep 9, 2024

Property can be deeded using a number of types of deeds, which convey different types of interest and or carry different types of warranties. Many deeds on file are incorrect as it is not the Recorder of Deed's job to review recorded records. My recommendation is you contact an attorney to be... View More

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Help needed for Probate in or near Franklin NC Thank you

Any advice or help appreciated. Parent has passed. I am searching for a lawyer to help me with probate in NC. One real estate property to probate and transfer. Parent had no debt which should simplify the process. Many thanks for your consideration.

Shane T. Johnson
Shane T. Johnson
answered on Feb 2, 2025

Sorry for your loss. Give Johnson Legal a call at 910-319-7373 if you still need assistance.

1 Answer | Asked in Banking, Civil Litigation, Contracts and Real Estate Law for North Carolina on
Q: unknown to me, my partners in a real estate partnership falsely claimed I sold my interest to them for $1, sold building

Real Estate Partnership formed to own and manage our medical building. I moved to another state, but did not require immediate re-fi to buy me out…We have just completed a very favorable mortgage and fixed rate LOC package 6 months earlier. I never, ever thought they would behave in such a way as... View More

Shane T. Johnson
Shane T. Johnson
answered on Jan 31, 2025

Michael, I recommend you hire an attorney. This is a very complex and serious matter. This forum is for general questions.

3 Answers | Asked in Probate for North Carolina on
Q: How difficult is it to file a Partition action? We are co heirs of a home and don't get along with 3rd heir. He lives th

My father passed away in Nov, leaving his home equally to 3 children. My difficult brother lives in home and we can't be in the same room without an argument. He literally pulled a knife on us 2 days ago and I had an officer there today. It's volatile.He's lived there rent free... View More

Shane T. Johnson
Shane T. Johnson
answered on Feb 2, 2025

It is not an easy action, as you must file it in court and would be wise to hire a good real property attorney.

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1 Answer | Asked in Family Law and Banking for North Carolina on
Q: Can POD designations ever be reversed in NJ?

My sister, Barbara, lived and died in a care facility. She had been abandoned by her husband and when she could not live in their marital home because it was uninhabitable, she had to go into a facility. She could not drive and because she was ill, could not leave the nursing home. Her husband... View More

Shane T. Johnson
Shane T. Johnson
answered on Dec 3, 2024

You will need to post this question on the NJ portal, not here in NC. We are not licensed in the state of NJ.

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Hello. Regarding our timeshare. We bought it cash over 20 years ago. We owe nothing on it. We no longer want it.

We no longer wish to continue paying the annual maintenance fee and membership dues. Time share cancellation companies cost too much to bother with. Can we simply stop paying the annual fee and dues without serious legal ramifications? Please advise ASAP? Thank you.

Shane T. Johnson
Shane T. Johnson
answered on Dec 3, 2024

My assumption is that the contract that you have entered into is valid. Review the document to see if there are any cancellation provisions. If so, that may give you a way out or some severance agreement/process. Call the company and see if they have a way out. If not, you are bound to the... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: Im the seller. The buyer and me have the same attorney. The closing day was nov 26, this date has come and gone. NC
Shane T. Johnson
Shane T. Johnson
answered on Dec 3, 2024

What are you asking? I'd contact the closing attorney and find out what is going on.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: 1) Is the french deed of notoriety sufficient to close the account or do we have to go through probate ?

My mother had a bank account in North Carolina. She was a french resident and french citizen. This account is the only asset she had in North Carolina and was not connected to the conduct of a US trade or business. My mother died intestate. I sent the bank a french deed of notoriety ( equivalent of... View More

Shane T. Johnson
Shane T. Johnson
answered on Dec 3, 2024

Yes, you will need to go through probate.

1 Answer | Asked in Estate Planning for North Carolina on
Q: How do you correct an estate inventory form once it is filed. I need to remove a bank account with joint survival ship.
Shane T. Johnson
Shane T. Johnson
answered on Oct 23, 2024

They would file an amended Inventory, and the filing fee is relative to the changed assets. The clerk will issue a refund of the original amount paid minus the amendment fee of $15.00. They would need to provide proof of the survivorship (signature card).

1 Answer | Asked in Estate Planning for North Carolina on
Q: I need help completing the Affidavit of Collection, Disbursement and Distribution form in NC.

My aunt passed away and co-owned vehicles with her sister who survives her. She had a simple will and named a cousin as beneficary. The titles for the vehicles have been transferred to the surviving sister. How is this documented on the above mentioned form?

Shane T. Johnson
Shane T. Johnson
answered on Oct 21, 2024

You will need to contact a probate attorney. County clerks are very particular and therefore the forms, which do not lend themselves to a simple explanation or answer here, need to be completed correctly.

2 Answers | Asked in Banking, Estate Planning, Real Estate Law and Tax Law for North Carolina on
Q: Is there a certain age that you have to be in order to buy and invest real estate?

I am 13 and looking to get into real estate to make a steady income but don't know we're to start or if I can get into investing in property's right now or if I have to wait.

Shane T. Johnson
Shane T. Johnson
answered on Sep 21, 2024

There is no age requirement for owning property in NC. To enter a binding contract to purchase or sell property, the minimum age requirement is 18. Similarly, banks require you to be 18 to sign a mortgage, again, because it is a contract.

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2 Answers | Asked in Estate Planning for North Carolina on
Q: Can heirs property, (Children received equal ownership) be willed to a non heir or entity by an heir?

Grandfather left a Will giving 190 acres to his 10 children, equally.

A daughter who had a 20% interest (+10% acquired from as gift from her sis) willed

her 20% to a Church. Does the fact of the Church not being an “Heir” have any bearing or relevance?

Can “True”... View More

Shane T. Johnson
Shane T. Johnson
answered on Sep 9, 2024

The sister can give whatever interest she has, at her death, to whomever she would like.

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3 Answers | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: How long does it take for partition action after being filed?
Shane T. Johnson
Shane T. Johnson
answered on Sep 9, 2024

The time for partition to conclude, once commenced, can vary from a few months, to much longer, depending on the parties involved.

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